Duke  University  Libraries 

Messages  of  Jos 
Conf  Pam  12mo  #231 

DTTDfl3bb20 


M  ESSAGES 

OP 

JOSEPH   E.   BROWN, 
GOVERNOR  OF  GEORaiA, 

TO  THE 

HOUSE    OF    REPRESENTATIVES, 

RETURNING  WITHOUT  HIS  APPROVAL 

THE  BILL  TO  REDUCE  THE  SALARIES  OF  THE  JUDGES. 

AND  THE  BILL  FIXING  THE 

PAY  OF  MEMBERS  OF  THE  LEGISLATURE; 

ALSO,  HIS 
TO  THE 

GENERAL.  ASSEMBLY, 

RELATIVE  TO  THE  TRANSFER  OF 

THE  STATE  TROOPS  TO  THE  CONFEDERATE  SERVICE. 


Coiuiuuiiicnlod  nt  tbc  Scmmioii  of  INOf . 


^^-^^^^  ''3'    S*^  /■^X'^Nr*- 


MILLEDGEVILLE : 

BOUGIITON,    NISBET    &    BARNES,    STATE    PRINTERS. 
1861. 


Veto  of  the  Bill  to  Reduce  the  Salaries  of  the  Judges. 


EXECUTIVE  DEPARTMENT,  > 
MtLLEDGEViLLE,  Ga.,  Nov.  27th,  1861.  ) 

To  the  Home  of  Rcjrrcsentatives : 

I  return  herewith  the  Bill  entitled  "An  Act  to  fix  the  sal- 
aries and  compensation  of  certain  officers  mentioned 
therein,  and  for  other  purposes,"  without  my  sanction. 

Prior  to  the  Act  passed  by  the  Legislature  of  1857,  the 
salary  of  the  Governor  of  this  State  was  three  thousand 
dollars  per  annum  ;  of  the  Judges  of  the  Supreme  Court, 
twenty-five  hundred  dollars  each ;  of  the  Judges  of  the 
Superior  Courts,  eighteen  hundred  dollars  each  ;  the  State 
House  officers,  sixteen  hundred  dolhirs  each  ;  and  themcTU- 
bers  of  the  Legislature,  each  five  dollars  per  day,  and  four 
dollars  for  every  twenty  miles  travel  in  going  to,  and  re- 
turning from  the  Capitol. 

By  an  Act  of  1S57,  the  salary  of  the  Governor  was  raised 
to  four  thousand  dollars  ;  the  Judges  of  the  Supreme  Court 
to  thirty-five  hundred  dollars  each  ;  the  Judges  of  the  Su- 
perior Courts,  to  twenty-five  hundred  dollars  each  ;  and 
the  members  of  the  Legislature,  to  six  dollars  per  day,  be- 
sides mileage. 

A  Bill  passed  by  the  present  General  Assembly,  and  pre'sent- 
ed  for  my  signature  with  this  Bill,  with  a  view  to  the  reduc- 
tion of  salaries,  fixes  the  pay  of  members  of  the  General 
Assembly  at  five  dollars  per  day,  and  mileage,  which  was 
the  old  rate  prior  to  1857.  The  bill  now  under  considera- 
tion, fixes  the  salary  of  the  Governor  at  S3, 000  per  annum, 
which  was,  also,  the  old  rate  ;  and  while  it  imposes  addi- 
tional duties  upon  one  of  the  three  State  House  officers,  it 
makes  no  reduction  in  the  salary  of  either  of  the  three,  be 
low  the  old  rate  ;  but  it  reduces  the  salary  of  each  Judge 
of  the  Supreme  Court  to  S2, 000,  which  is  a  reduction  of 
SI, 500,  or  $500  per  annum  below  the  old  rate. 

The  Judges  have,  in  my  opinion,  received  less  compen- 
sation in  proportion  to  the  labor  performed  by  them,  thau 


PS2892 


almost  any  public  functionaries  of  the  State.  Upon  what 
principle  of  justice  or  propriety  this  heavy  discrimination 
is  made  against  them,  I  am  wholly  unable  to  determine.  If 
it  is  proper  to  lix  the  salaries  of  the  Judges  at  a  sum  far 
below  that  which  existed  prior  to  lS-57,  is  it  not  equally 
proper  that  the  salaries  of  the  Governor  and  members  of 
the  Lrgislature,  who  are,  together,  the  law-making  power, 
be  cut  down  in  like  proportion?  It  is  idle  to  suppose  that 
we  can  command  the  best  talent  ot  the  State,  otj  eitlier 
bench,  at  the  jwices  fixed  by  this  Hill :  and  there  is  certain- 
ly neither  wise  statesmanship  nor  just  economy  in  that,  leg- 
islation which  drives  the  ablest  men  of  the  State  irom  these 
important  positions,  by  withholding  reasonahh^  and  just 
comjiensation  for  their  services.  ]\Ien  can  doubtless  be 
found  who  will  undertake  to  till  tlu  se  places  iur  hall  the 
compensation  proposed  by  the  Bill ;  but  they  are  not  men 
whose  abilities  or  qualifications  entitle  them,  as  public  of- 
ficers, to  the  respect  or  confidence  of  the  people. 

It  may  be  said,  that  this  leduction  of  salaries  of  the 
Judges,  is  only  intended  to  a[»j)ly  during  the  war,  when 
their  labors  are  less  onerous  than  in  times  of  peace.  The 
Bill  contains  no  such  limitation.  If,  however,  this  is  the 
object,  tli(^  Bill  wholly  fails  to  meet  the  case.  If  the  new 
Constitution  does  not  vacate  the  oflic<'s  of  all  the  Judges, 
(and  the  opinion  of  many  of  our  al)lest  Lawyers  is,  that  it 
does  not.)  each  is  entitled  to  serve  till  the  end  of  the  term 
for  which  he  was  conmiissioned,  and  the  Constitution  de- 
nies to  the  Legislature  the  j)ower  to  diminish  the  salary  of 
either  during  his  continuance  in  ofKce.  We  have  three 
Judges  of  the  Supreme,  and  sixteen  Judges  of  the  Superior 
Courts.  Of  this  number,  the  conmiission  of  only  one  Su- 
preme Judge  and  four  Superior  Judges,  expires  during  the 
ensuing  year,  or  during  the  probable  duration  of  the  war. 
If  this  r>ill  b(H:omes  a  law,  the;  result  will  be,  that  twelve 
of  the  ^udgi's  of  the  Superior  Court  will  each  continue  to 
receive  a  salary  of  S2500  per  annum,  while  four  of  them, 
performing  the  like  labor,  will  (>ach  receive  only  SI 500  per 
annum;  and  two  of  the  Supreme  Judges  will  receive  each 
$;3-5UU  per  annum  while  the  other  who  sits  with  lliem  on 
the  same  bench  and  does  the  same  labor,  will  receive  oidy 
$2,000  per  annum.  So  far  as  the  purposes  of  economy,  as 
a  war  measure,  are  concerned,  the  Bill  oidy  reduces  the 
salaries  of  five  out  of  the  nineteen  Judges,  leaving  the  other 
fourteen  as  heretofore;  while  it  nud\es  the  most  unjust  dis- 
crimination between  those  who  are,  and  those  who  are  not 
affected  by  its  provisions.  The  whole  saving  for  the  ensu- 
ing year,  would  only  be  the  difference  between  the  present 
salary  and  the  proposed  salary  of  five  Judges,  which  would 


not,  probably,  retuva  to  the  Trcasmy  as  much  money  as 
the  General  Assembly  will  take  from  it  in  payment  for  the 
time  spent  by  them  in  the  consideration  of  this  question. 
1  am  not,  therefore,  able  to  sec  either  the  economy  of  the 
measure,  or  its  ultimate  beneiits  to  the  people. 

I  am  aware  that  it  is  the  opinion  of  many  persons,  that 
the  people  are  always  on  the  side  of  the  lowest  salaries. 
My  own  observation  has. been,  that  the  i:>eople  are  generally 
governed  by  principles,  by  justice,  and  common  sense  ; 
that  they  are  always  willing  to  pay  just  compensation  to 
those  who  render  them  valuable  services;  and  that  they 
stand  most  firmly  by  him  who  stands  most  inflexibly  by  the 
right,  whether  it  appears  popular  at  the  time  or  not. 

In  conclusion,  it  nniy  not  be  out  of  place  for  me  to  re- 
mark, that  I  have  not  the  slightest  personal  interest  in  this 
Bill,  as  my  own  salary,  for  the  time  for  which  I  have  been 
elected,  is  fixed  by  law,  and  cannot,  under  the  Constitution, 
be  increased  or  diminished  by  any  action  of  the  General  As- 
sembly. The  same  was  true  in  ISo7,  when  the  salary  was 
raised  to  $4,000  per  annum,  and  I  served  two  years  after 
the  passage  of  the  Act,  at  the  old  rate  of  S3, 000  per  an- 
num. 

I  would  not  have  withheld  my  sanction  from  a  Bill  which 
placed  the  Governor,  memluM-s  of  the  Legislature,  Judges, 
and  State  House  otticers,  each  upon  the  old  salary  allowed 
prior  to  18-57,  or  which  reduced  each  in  like  proportion  be- 
low that ;  but  I  cannot  consent  to  yield  my  sanction  to 
wdiat  I  consider  the  unjust  discrimination  made  against  the 
Judges  by  this  Bill.  Let  us  do  justice  alike  to  those  who 
have  a  voice  here,  and  to  those  who  cannot  be  heard. 

JOSEPH  E.  BROWN. 


Vet*  of  a  Bill  to  fix  the  Pay  of  Members  of  the  Gen- 
eral Assembly, 


EXECUTIVE  DEPARTMENT,      ) 
MiLLEDGEViLLE,  Ga.,  November  29th,  ISGLJ 

To  the  House  of  Reprcscjitadvcs : 

The  Constitution  of  this  State  declares  that  the  Govern- 
or shall  have  "the  revision  of  all  bills  passed  by  both  Houses 
before  the  same  shall  become  laws."  If  the  framers  of  the 
Constitution  had   intended  that  the  Governor   should  siirn 


PR2Sn5» 


eacli  and  every  bill  passed  by  the  G'cneral  Assembly,  with- 
out the  exercise  of  his  judtrinent  upon  the  question  of  the 
propriety  of  the  passiiffe  of  the  bill,  they  would  no  doubt 
so  declared.  AVhen  they  made  it  his  duty  to  nrisc  a  bill, 
they  rertaiidy  intiiuird  that  it  should  niet.'t  his  ap[)roval  be- 
fore it  received  his  simiaturr. 

The  history  of  the  past  has,  I  think,  abundantly  shown, 
that  much  more  injury  has  been  ilone  by  injudicious  and  im- 
proper h'frishUion,  than  by  the  failure  of  the  legislative  pow- 
er to  enact   necessary  laws.     The  ])eoplt!  of  the  .^tate,  act- 
ing, no  doubt,  ujjon  this  view,   have  in  their  sovereiirn  ca- 
pacity, determined  that  no  bill  shall  become  a  law  till  it  has 
met   the  ai>proval    of  the  House   of  Kepresentatives,  the 
Senate,  and  the  (Governor;  or,  haviiiLr  been  disapj>roved  by 
the  Governor,  has  recoived  the   approval    of  two-thirds  of 
the  House  and  two-thirds  of  the  fc^enate.     The  duty  of  the 
Governor  therefore,  under  the  Constitution,  is  not  merely 
that  of  a  Clerk,  to  sign  whatever  may  be  presented  to  him 
V)y  tlie  General  Assembly:  but  he  is  made  responsible  to  the 
people,  with  the  Geneial  Assembly,  fur  each  law  that  passes; 
and  ii  is  his  duty  to  rrvisr  each  bill;  and  if  he  approves,  to 
sign  it,  if  not,  to  return  it  to  the  House  in  whicJi  it  origina- 
ted.    While  therefore  he  has  no  power  to  originate  a  meas- 
ure, h(^  has  the  power,  and  it  is  his  duty  to  interpose  his  ve- 
to in  tli(^  way  of  the  passage  of  such  laws  as  his    j  udgnient 
cannot  api)rove.     If  he  fails  to  do  this  when  the  Conslitu- 
tion  n)akes  it  his  duty,  he  does  not,  in  the  language  of  his 
official  oath,  "faithfully  execute  the  office  of  Governor."     It 
naturally  follows  tliat  he  is  no  more  guilty  of  disrespect  or 
of  user})at!on    of  power  when    he  returns    a  bill  which  he 
does   not  ai)i>rove,  than  the   Iloure  is  guilty  of  disrespect 
when  it  refuses  to  concur  in  a  measure  passed  by  the  Senate. 
Acting   upon    this  view   of  the   constitutional   obligations 
which  rest  upon  me  as  part  of  the  law-making  power,  I  feel 
it  my  duty  to  r«!turn  to   the  (Jeueral  Assembly,  and  invite 
them  to  reconsider,  and  if  they  still  approve  to  jiass  in  more 
solemn  form  such  measures  passed  by  them  as  do  not  com- 
mand the    approval  of  my  judgment.     In   discharging  this 
duty,  I  see  no    reason  why    any  conllict  or    unkind  feeling 
should  arise  between  the  dilferent  de])artments  of  the  Gov- 
ernment, or  why  either  should  be  ollended  at  the  other,  for 
exercising  its  constitutional  ])owers,  or  for  discharging  its 
constitutional  duties.     The  difference  is  simply  one  of  opin- 
ion between  co-ordinate  branches  of  the  Government,  to  be 
decided  iu  the  manner  pointed  out  by  the  Constitution,  and 
is  not  one  of  personal  strife.     In  giving  my  reason  for  with- 
holding my  assent  from  such  measures  as  I  do  not  approve, 
my  habit  is  to  use  plain  language.     But  entertaining  as  I  do 


the  most  profound  respect  for  each  co-ordinate  branch  of 
the  Government,  nothing  is  more  foreign  to  my  purpose 
than  to  give  offence  to  any.  With  these  remarks  upon 
what  I  consider  the  duty  of  the  Governor  in  connection  with 
the  legislation  of  the  State,  I  herewith  return  to  the  House 
in  which  it  originated,  a  bill  entitled  "an  act  to  fix  the 
amount  ot  comjiensation  the  members  and  officers  of  the 
General  Assembly  shall  receive  for  their  services,  and  for 
other  purposes  therein  mentioned."  This  bill  fixes  the  paj^ 
of  the  members  of  the  General  Assembly,  at  five  dollars 
each  per  day,  and  four  dollars  for  every  twenty  miles  travel 
by  each  going  to  and  returning  from  the  Capitol.  This  is 
as  high  as  the  highest  per  diem  compensation  and  milage 
ever  received,  so  far  as  1  am  informed,  by  any  General  As- 
sembly prior  to  JSo7,  and  was  prior  to  that  time  the  com- 
pensation of  members  in  time  of  peace  and  general  pros- 
perity. 

The  General  Assembly  has  already  determined  by  a  vote 
of  two-thirds  in  each  house,  that  the  present  emergencies 
require  greater  economy  and  lower  fees  than  those  which 
existed  prior  to  lS-57,  and  have  reduced  the  salaries  of 
Judges  of  the  Superior  Courts,  from  twenty-five  hundred, 
down  to  fifteen  hundred  dollars.  If  this  action  be  correct, 
and  it  has  received  the  sanction  of  the  law  making  power 
in  the  most  deliberate  and  solemn  form  known  to  our  Con- 
stitution, it  is  certainly  proper  that  the  compensation  of  the 
members  and  officers  of  the  General  Assembly  be  reduced 
in  like  proportion. 

The  reduction  of  the  salary  of  a  Judge  of  the  Supreme 
Court  from  thirty  five  hundred  to  two  thousand  dollars,  is 
a  reduction  of  tliree-sevenths  of  the  whole  amount  of  his 
compensatiou.  The  compensation  of  a  member  of  the 
General  Assembly  for  the  last  three  years  has  been  six  dol- 
lars per  day.  Three-sevenths  of  this  would  be  S2  57  cents 
and  a  fraction  of  a  cent  per  day,  if  I  have  made  no  mistake 
in  the  calculation.  Take  this  from  six  dollars,  and  it  leaves 
S3  43  per  day,  which  would  be  the  proper  compensation  of 
a  member  of  the  General  Assembly  should  they  apply  the 
same  rule  of  reduction  and  economy  to  their  own  salaries 
or  compensation,  which  they  apply  to  the  Judges.  This 
would  be  a  reduction  of  one  dollar  and  fifty-seven  cents  per 
day  on  the  wages  of  each  member,  more  than  is  made  by 
the  bill  under  consii  cation.  There  are  213  members  of 
the  General  Assembly.  This  would  be  an  additional  reduc- 
tion of  S334  41  per  day,  or  ,^13,370  40,  in  a  session  of  for- 
ty days.  The  whole  amount  saved  to  the  Treasury  by  the 
reduction  of  the  sahiries  of  the  Judges  for  the  ensuing 
year,  would  be  only  S5,500.     As  there  will  be  but  one  of 


the  Supreme,  .■ind  four  of  the  Superior  Judges  who  can  be 
affected  by  the  reduction.  This  is  much  h-ss  than  lialf  the 
amount  which  will  be  saved  by  a  proportionate  reduction 
of  the  waxes  of  the  menibersof  the  (ieiieral  Assembly.  Upon 
the  principal  oi'  reduction  solemnly  declared  in  case  of  tlie 
Judges,  the  people  have,  in  my  opinion,  a  right  to  expect 
that  the  members  of  the  legislature  will  make  this  reduc- 
tion in  their  own  wages,  and  thereby  save  to  the  Treasury 
this  sum  of  sl."J,37G  40,  together  with  three-sevenths  of  the 
mileage,  which  would  he  an  additional  saving  of  about 
.S:5,0l>0  00.  Believing  that  it  is  the  duty  of  the  General 
Assenddy  to  apply  the  same  rule  of  reduction  to  their  own 
wages  which  they  apply  to  the  wages  of  the  Judges.  I  re- 
spectfully invite  a  reconsideration  of  the  bill. 

JOiEril  E.  BROWN. 


Special  Message  to  the  General  Assembly  relative  to 
the  transfer  of  the  State  troops  to  the  Confederate 
Service. 

EXECUTIVE  DEPARTMENT,  } 
]\IiLLi:i)GEViLi.i:,  Ga.,  Dec.  5th,  ISO  I.      5 

To  the  (i(  ncntl  Asscmhbj  : 

The  correspondence  between  the  Secretary  of  War  and 
myself  which  has  been  laid  before  you,  shows  that  I  did  all 
in  my  power  to  induce  the  Government  of  the  Confederate 
States  to  increase  the  force  upon  our  coast,  and  to  make  the 
necessary  preparation  for  our  defence,  prior  to  the  organiza- 
tion by  me  of  the  military  forces  now  in  the  service  of  the 
State.  In  making  this  statement,  I  do  not  wish  to  be  un- 
derstood that  I  reflect  upon  that  Government  for  a  wilful 
negle(;t  of  duty.  I  believe  it  is  the  wish  and  intention  of 
those  in  authority,  to  use  the  forces  and  nieansat  their  com- 
mand, in  such  numner,  and  at  stich  places  as  will  best  pro- 
mote the  general  good.  But  viewing  the  field  frou)  the 
stand  point  which  they  occupy,  they  have  been  of  opinion, 
as  their  action  has  shown,  that  there  was  greater  necessity 
for  the  troops  and  tlx'  resources  at  their  connnaud,  at  other 
points.  Hence,  they  failed  to  make  the  necessary  prepara- 
tion for  our  defence. 

Appreci'iting  the  difficulties  with  which  the  Confederate 
Government  had  to  contend,   and  hoping  that  they  might 


make  the  necessary  preparations  for  the  defence  of  the  State, 
I  delayed  action  on  State  account  as  long  as  I  could  possibly 
do  so,  consistently  with  the  public  safety.  Almost  every 
newspaper  received  from  the  North  in  the  months  of  Au- 
gust and  September,  contained  statements  of  the  strength 
of  the  lieet  which  was  being  fitted  out  by  the  enemy,  and 
of  the  intention  to  send  it  with  an  invading  force  against 
our  coast  as  soon  as  the  season  v^^ould  permit. 

In  the  formation  of  the  Constitution  of  the  Confederate 
States,  each  State  reserved  to  itself  the  sovereign  right  to 
engage  in  War  when  "actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay."  The  statute  of  our  own 
State  authorized  me  to  accept  the  services  of  ten  thousand 
volunteers,  of  different  arms,  ift  such  proportions  as  the  ex- 
igencies of  the  service  might  recpiire.  The  people  of  the 
coast  continually  called  on  me  for  protection.  The  gener- 
al voice  of  the  people  of  the  State  was,  that  they  were  en- 
titled to  it,  and  that  the  safety  of  the  whole  State  depended, 
in  a  great  degree,  upon  the  successful  defence  of  the  coast. 
The  Constitution  gave  me  the  right,  and  the  statue  made  it 
my  duty,  to  act.  I  did  so;  but  not  until  the  latest  day 
when  I  could  have  time  to  organize  and  prepare  the  troops 
for  service,  before  the  invasion. 

The  organization  has  been  conducted  in  strict  conformity 
to  the  requirements  of  the  statute,  and  the  Generals  have 
been  appointed  to  command  the  troops,  by  and  with  the 
advice  and  consent  of  the  Senate  now  in  session.  Suppose 
I  had  made  a  calculation,  and  determined  it  would  cost  too 
much  for  the  State  to  assist  in  her  own  defence,  and  had  re- 
fused to  call  out  the  troops,  and  had  met  the  General  Assem- 
bly and  informed  you  I  had  made  no  preparation  for  the 
defence  of  the  State,  for  the  reason  that  it  must  cost  a  large 
sum  of  money ;  and  that  I  had  again  and  again  asked  the 
Secretary  of  VVar  to  defend  us,  and  that  I  relied  on  the  three 
or  four  thousand  Confederate  troops  then  on  our  coast,  to 
protect  the  city  of  Savannah,  and  the  whole  coast  against 
the  powerful  force  sent  for  our  subjugation  ;  what  would 
have  been  the  verdict  passed  upon  my  conduct  by  the  Gen- 
eral Assembly,  and  every  intelligent  patriot  in  Georgia? — 
Would  it  not  have  been  one  of  universal  and  just  condem- 
nation V 

Results  have  shown  that  I  was  not  mistaken  when  I  de- 
cided that  the  danger  was  imminent,  and  commenced  active 
preparation  to  meet  it. 

The  invader's  troops  are  on  our  soil,  and  his  flag  now 
waves  over  our  territor}^  and  insults  the  dignity  and  sover- 
eignty of  our  State, 

Thus   menaced  with  subjugatioii  and  degradation,  is  it 


10 

possible  that  wo,  as  the  representatives  of  the  people,  and 
;i8  co-onliiiato  branches  of  the  governnient,  can  spend  our 
time  in  discussions  about  the  cost  of  our  defence  ;  or  wheth- 
er the  State  or  Confederate  Goveriunent  shall  for  the  pres- 
ent, assmne  the  burden  and  make  the  expenditure;  or  that 
oui  action  can  be  influenced  by  jiarty  (-onsidi'ration,  or  by 
personal  hatred  or  personal  I'avoritisni ;  or  that  we  can  stop 
to  consider  whether  our  action  will  tend  to  sustain,  or  to 
advance  the  political  fortunes  of  one  man,  or  to  injure  those 
of  another?  Surely  we  have  graver  duties  than  these  to 
peifonn,  and  weightier  responsibilities  to  meet. 

We  have  now  beeti  over  lour  weeks  in  session.  Our 
troops  in  the  field  have  been  in  need  of  supplies,  and  we 
have  made  an  appropriation  of  only  one  hundred  thousand 
dollars.  This  is  not  more  than  half  th(^  necessary  expense 
of  our  military  operations  since  the  conmiencement  of  the 
session,  and  is  but  little  over  double  the  sum  necessary  to 
pay  the  expense  whicii  the  General  Assembly  has  cost  the 
State  for  the  same  length  of  time. 

T  mention  these  things  in  no  spirit  of  fault-finding,  but  in 
the  hope  that  dissensions  and  jealousies,  if  they  exist,  may 
be  banished  from  our  midst,  and  that  we  may  unite  as  one 
man,  and  promptly  provide  the  necessary  means  to  defend 
the  State,  and  drive  the  invader  from  her  soil. 

The  organization  of  the  State  troops  is  becoming  a  \eiy 
efficient  one,  which  will  soon  make  them  terrible  to  the  in- 
vader. 

At  this  important  period,  in  the  face  of  the  enemy  ;  when 
organization  and  harmony  are  of  the  utmost  importance,  a 
proposition  is  made  that  we  pause  and  count  the  cost  of  our 
defence,  and  that  v.e  transfer  our  army  to  the  Confederacy, 
by  regiments,  battalions  or  companies;  and  if  they  arc  not 
received,  that  we  disband  the  troops  and  thus  get  rid  of  the 
expense. 

Let  us  examine  this  question  of  expense  for  a  moment. — 
Suppose  we  dismiss  from  our  breasts  every  feeling  of  patri- 
otism and  every  generous  inij)ulse,  with  every  desire  for 
liberty  or  independence,  and  consider  the  question  as  one  of 
sordid  gain,  of  mere  dollars  and  cents.  What  reasonable 
nnm,  having  an  estate  of  seven  hundred  millions  of  dollars, 
and  finding  it  in  litigation,  and  the  title  in  a  precarious  con- 
dition, would  hesitate  a  moment  to  give  able  counsel  five 
millions  to  defend  and  secure  the  title?  The  property  of 
the  people  of  Georgia  is  worth  seven  hundred  millions  of 
dollars — the  State  is  now  invaded,  and  every  dollar  of  it 
hangs  upon  the  result.  If  we  are  conquered,  all  is  lost.  Is 
it  possible  in  this  state  of  the  case,  that  we  can  refuse  to 
give  five  millions  for  the  support  of  our  gallant  troops  who 


11 

are  now  in  the  field,  ready  to  spill  the  last  drop  of  their 
blood  to  de'enii  and  secure  our  title?  Strong  as  the  case 
thus  presented  may  be,  this  is  a  narrow,  contracted  view  of 
the  subject.  All  the  property  and  all  the  money  in  the 
State  is  as  nothing  compared  with  the  principles  involved, 
and  the  consequences  to  us  and  our  posterity. 

But  do  we  get  rid  of  the  expense  by  the  proposed  trans- 
fer ?  I  maintain  that  it  does  not  in  any  view  of  the  ques- 
tion save  to  the  State  one  dollar.  If  the  troops  are  trans- 
ferred, the  Confederacy  will  pay  their  expenses,  and  Geor- 
gia, as  a  member  of  the  Confederacy,  will  have  to  meet  her 
part  of  it.  If  she  retains  them,  at  the  end  of  the  war  the 
Confederacy  will  assume  the  expense  of  the  Georgia  troops 
as  well  as  of  the  troops  of  the  otlier  States,  and  Georgia 
will  only  have  to  pay  her  part.  If  the  Confederacy  does  not 
receive  the  troops,  and  they  are  disbanded,  the  city  of  Sa- 
vannah, and  the  whole  sea  coast,  and  the  southern  part  of 
the  State,  must  fall  into  the  hands  of  the  enemy,  and  the  de- 
struction of  property  will  cost  us  ten  times  as  much  as  the 
highest  appropriation  any  one  would  ask  to  support  the 
troops.  There  is  not,  therefore,  one  dollar  of  economy  or 
of  saving  to  the  State  in  the  proposition. 

Virginia,  Teimessee,  North  and  South  Carolina,  Louisi- 
ana, and  probably  other  States,  are  calling,  and  have  called 
into  the  Held,  large  numbers  of  State  troops,  to  repel  the  in- 
vasion and  protect  their  property.  At  the  end  of  the  war, 
the  expense  incurred  by  each  of  these  States,  will  be  as- 
sumed by  the  Confederacy,  and  Georgia  will  have  to  pay 
her  part  of  it.  If,  while  they  defend  themselves,  she  per- 
mits her  coast  to  fall  into  the  hands  of  the  enemy  and  her 
citizens  to  be  plundered  rather  than  incur  the  expense  nec- 
essary to  the  protection  of  her  people,  the  other  States  of 
the  Confederacy  may  be  saved  their  part  of  the  expense 
which  was  nc^cessary  to  her  defence.  But  instead  of  saving 
expense,  is  she  not  the  loser? 

Tennessee  expended  five  millions  of  dollars  in  less  than 
six  months,  and  no  complaint  is  heard  from  her  Legislators, 
or  her  people,  that  they  cannot  afford  to  incur  the  expense 
of  self-defence. 

Two  other  grave  questions,  in  this  connection,  demand 
our  careful  consideration.  Have  we  the  power  to  transfer 
the  troops  to  the  Confederacy,  without  their  consent  ?  And 
has  the  President  the  power  to  acci";)tthem  even  with  their 
consent?     Neither  is  true. 

First,  as  to  our  power  to  transfer  them  :  the  troops  in  re- 
sponse to  the  call  of  the  Executive  of  the  State,  have  vol- 
unteered to  serve  the  State  as  Slofc  (mops ;  and  have  been 
mustered  into  the  service  of  the  State,  and  not  into  the  ser- 


12 

vice  of  the  Confedoracy.  It  was  no  part  of  the  contract  be- 
tween tlie  troops  and  the  State,  that  they  sliould  be  trans- 
ferred to  the  service  of  the  Conlederiicy ;  and  the  State  has 
no  rii;ht  to  make  the  transfer  witliout  their  consent.  They 
are  not  cattle  to  be  boni^ht  and  sold  in  the  market.  They 
are  brave,  gcnerons,  hiirh-toned  freemen,  who  iia\e  left  their 
homes  at  the  rail  of  their  State,  and  are  now  nnderiioinu;  all 
the  faligut's  and  hardships  of  camp  lile  for  her  ilefenee. — 
"While  they  are  brave  enongh  to  defend  their  riffhts,  tliey 
are  intelliirent  enoJigli  to  understand  them  ;  and  we  are 
greatly  mistaken  if  we  suppose  they  will  submit  to  a  change 
of  their  present  organization,  or  to  an  act  oi' injustice  to 
those  who  have  their  conlidence,  and  who  have  been  legally 
appointed  to  command  them.  They  are,  as  our  statute 
which  was  passed  to  meet  this  very  emergency,  required, 
organiztnl  into  companies,  battalions,  regiments,  brigades, 
and  a  Division.  If  we  disband  the  division  and  turn  over 
the  l)rigades,  we  are,  in  my  o[>inion,  guilty  oi  gross  injus- 
tice to  the  gallant  and  chivalrous  son  of  Georgia,  whom  we 
have  just  called  from  an  honorable  command  in  Virginia, 
where  he  has  rendered  distinguished  service,  and  have  invi- 
ted to  t!ie  com  n  lud  of  the  troo[>^  of  his  uaCive  Srate.  lu 
respo!ise  to  the  call  made  upon  hifn  by  the  Governor  with 
the  advice  and  consent  of  the  Senate,  he  has  resigned  his 
comm;ind  in  the  Confederate  service,  and  is  on  his  way  to 
Georgia;  and  it  is  now  proposed,  wMien  he  reaches  the  State, 
to  inform  him  that  he  has  been  deceived  ;  that  we  have 
ciianged  our  policy,  and  that  liis  services  are  not  needed. 

If  we  disband  the  brigades,  we  do  injustice  to  the  Briga- 
dier Generals,  who  have  been  caihMl  from  important  pur- 
suits, and  invited  by  the  highest  appointing  [tower  in  the 
State,  to  the  commands  which  they  now  hold.  Among  this 
number  is  the  gallant  Walker,  whose  glorious  deeds  have 
sh'^d  lustre  upon  the  character  of  the  State,  while  his  blood 
has  stained  almost  every  batth'-lield  where  his  country's 
rights  have  been  vindicated  for  the  last  (piarter  of  a  century. 

If  we  disband  the  regiments,  we  do  injustice  to  the  Col- 
onels, who  have  been  legally  elected  to  con)mand  th(;m  ; 
and  if  we  disband  the  battalions  and  tender  the  triiops  by 
companies,  we  do  like  injustice  to  the  Lieutenant  Colonels 
and  Majors.  In  any,  or  either  of  these  cases,  we  must  ex- 
pect tliat  the  gallant  men  under  their  connnand,  will  make 
the  cause  of  their  ollicers  common  cause,  and  refuse  to  sub- 
mit to  such  injustice.  We  have  not,  therefore,  the  power 
to  transfer  the  troops  without  their  consent;  audi  feel  quite 
sure  they  will  never  give  their  consent  unless  the  whole 
organization  is  transferred  in  its  t ola I i(y,  retaining  every  of- 


13 

ficer,  from  the  Major  General  down  to  the  lowest  grade  in 
his  position,  with  liis  rank  and  command. 

Second,  As  to  the  power  of  the  President  to  accept  the 
troops — the  hivv  passed  by  Congress  authorises  the  Presi- 
dent to  accept  them  by  companies,  battalions  or  regiments, 
but  gives  him  no  authority  to  acciept  a  brigade  or  division. 
The  law  also  defines  the  number  of  which  a  company  shall 
consist,  and  gives  him  no  power  to  accept  a  company  with 
less  than  sixty-four,  nor  more  tlian  one  hundred  privates. — 
It  will  be  borne  in  mind  that  the  Statute  uses  the  termp/?- 
vatcs.  Add  to  th(>se  the  four  counnissioned  and  eight  non- 
commissioned oflicers,  and  two  musicians,  and  the  minimum 
number  of  a  company  which  the  law  authorizes  the  Presi- 
dent to  accept  is  seventy-eight,  wliile  the  maximum  number 
is  one  hundred  and  fourteen.  The  President  has  no  more 
right  under  tlie  Statute,  to  accept  a  company  with  less  than 
sixty-four  privates,  and  a  proper  number  of  officers,  than  he 
has  to  accept  a  brigade  or  division.  If  the  one  is  illegal  the 
other  is  equally  so. 

The  Statute  of  our  own  State  declares  that  a  company  of 
infantry  shall  consist  of  not  less  than  fifty,  nor  more  than 
eighty  rank  and  file.  This  term  includes  non-commis- 
sioned officers  and  musicians  as  well  as  privates.  Add  the 
four  commissioned  officers,  and  o\\\' minimum  unmhoY  is  fifty- 
four,  and  the  maximvm  number  eighty-four.  A  company 
must,  therefore,  approximate  very  near  our  largest  num- 
ber before  it  reaches  the  smallest  number  with  which  it  can 
be  received  into  the  Confederate  service.  It  I  had  had  plen- 
ty of  arms  with  which  to  arm  the  State  troops,  I  might  have 
refused  to  accept  companies  with  less  than  the  smallest  Con- 
federate or  largest  State  number.  But  I  was  compelled  to 
appeal  to  the  companius  to  bring  good  country  arms  with 
them,  and  as  the  number  of  these  arms  which  could  be 
made  efficient  within  the  reach  of  a  company  was  generally 
limited,  I  was  frecpiently  obliged  to  accept  companies  with 
little  more  than  the  smallest  number  allowed  by  the  Stat- 
ute, or  to  reject  them  and  permit  them  to  disband.  While 
therefore,  each  and  every  company  is  organized  in  confor- 
mity to  our  own  Statute,  and  has  a  legal  number,  probably 
each  one  of  two  thirds  of  the  companies,  has  less  than  the 
smallest  number  authorized  by  the  Confederate  Statute,  and 
could  not  be  accepted  by  the  President  or  mustered  into  the 
service  of  the  Confederacy.  If  we  could  be  supposed  to  be 
capable  of  the  injustice  to  the  Generals,  Colonels,  Lieuten- 
ant Colonels  and  Majors  which  would  result  from  a  disband- 
ing of  the  State  organization,  and  should  tender  the  troops 
by  companies,  it  is  very  clear  that  over  two  thirds  of  them 
could   not   be  accepted,  and  must,  therefore,  be  disbanded 


14 

and  sent  home.  Xo  one  who  carefully  investigates  this 
question  can  fail  to  see  that  an  ap{uopriation  of  money  for 
the  support  of  the  troops,  which  lias  a  cotulitictn  annexed  to 
it,  making  the  appropriation  dependent  upon  the  tender  of 
the  troops  to,  and  their  acceptance  by  the  Confederacy,  is 
equivalent  to  a  refusal  to  vote  supplies  for  their  support, 
and  an  (jrder  to  disband  them  in  tlie  face  of  the  enemy. — 
But  it  may  be  said  that  Congress  could  passu  law  athoriz- 
ing  the  President,  in  this  particular  case,  to  receive  tiie  com- 
panies with  their  present  organization  consisting  of  less 
than  sixty-four  privat«'s.  This  is  true;  and  it  is  equally  true 
that  Congress  could  pass  a  law  authorizing  the  President  to 
accept  them  as  organized,  by  divisions  and  brigades. 

The  troops  might  consent  to  the  transfer  on  the  latter 
supposition,  as  this  would  do  justice  to  their  officers,  and 
maintain  their  organization  as  it  was  formed  by  the  State; 
but  it  is  very  certain,  in  my  opinion,  that  they  will  not  con- 
sent to  the  transfer  upon  any  other  terms.  If  we  disband 
these  troops  because  \\v.  fail  to  stand  by  our  State  organi- 
zation and  protect  their  rights,  or  because  we  refuse  to 
make  the  necessary  appropriation  to  maintain  them  in  the 
field,  we  disband  an  organization  of  as  noble  (ieorgians  as 
ever  assembled,  with  arms  in  their  hands  ready  and  willing, 
if  they  can  do  so  with  honor,  to  detend  their  State,  and  if 
need  be  to  sacrifice  their  lives  a  willing  offering  upon  her 
altar.  Do  this,  and  what  encouragenu'ut  do  we  olfer  to 
others  to  step  forwyrd  and  take  their  places? 

I  deny  that  such  action  Would  be  just  to  our  brave  Gen- 
erals on  the  one  hand,  or  to  the  companies  in  the  condition 
above  described,  on  the  other;  or  indeed  to  any  company, 
which  at  the  call  of  the  State,  lias  organized  in  conformy  to 
her  laws,  and  been  accepted  into  service  for  her  defence. 

I  deny  that  it  is  just  to  th«'  city  of  Savannah,  or  the  sea- 
cost,  by  this  extraordinary  legislation  to  drive  from  the 
field  nearly  ten  thousand  of  Georgia's  most  gallant  sons,  and 
leave  these  exposed  points  at  the  mercy  of  the  enemy.  And 
1  deny  that  such  legislation  would  reflect  the  will  of  the  no- 
ble constituency  who  sent  us  here,  and  committed  to  our 
keeping  their  honor  and  their  safety.  They  will  never  con- 
sent to  see  Georgia's  proud  escutcheon  tarnished,  or  her 
flag  trailing  in  the  dust  before  her  enemies  because  it  must 
cost  her  a  few  dollars  to  maintain  her  noble  sons  in  the  field 
for  her  defence.  The  adoption  of  any  policy  looking  to  a 
transfer  of  the  State  troops,  which  may  result  in  their  dis- 
organization, at  a  time  when  their  services  are  so  much 
needed  by  the  State,  would  be,  in  my  opinion,  not  only  un- 
wise but  suicidal,  and  must  result  in  the  most  disastrous 
consequences  to  the  State. 


15 

If  this  filial  policy  should  be  determined  upon  by  the  Gen- 
eral Assembly,  I  will  be  responsible  for  none  of  the  conse- 
quences growing  out  of  it;  and,  in  the  name  of  the  people 
of  Georgia,  I  now,  in  advance,  enter  my  solemn  protest 
against  it.  If  the  State  troops  are  disbanded,  or  the  appro- 
priations to  maintain  them  are  made  upon  the  condition  that 
they  be  transferred  or  disbanded,  which  is  equivalent  to  an 
order  to  disband  them,  it  will  become  my  duty,  as  the  Ex- 
ecutive of  the  State,  to  proclaim  to  her  people,  that,  while 
the  enemy  is  thundering  at  her  gates,  her  representatives 
have  left  me  powerless  for  her  defence,  by  withholding  the 
necessary  means,  and  even  taking  from  me  those  already  at 
ray  command. 

If  J  have  used  strong  language,  I  mean  no  disrespect. — 
When  all  that  is  dear  to  a  people  is  at  stake,  the  occasion 
requires  the  utmost  frankness  and  candor. 

JOSEPH  E.  BROWN. 


Hollinger 

pH8.5 

Mill  Run  F3-1955 


